What defenses can the other party raise in small claims court?
In California, the other party in a Small Claims Court case has the right to raise several defenses in response to a suit. Generally speaking, the defendant could claim that the plaintiff has not presented sufficient evidence that the defendant is responsible for the damages, or that the plaintiff is not entitled to the amount of money requested. The defendant could also argue that the complaint was not filed in a timely fashion. This is known as the “statute of limitations” defense, which states that the plaintiff must bring their claim within a certain number of days following the date when the injury or damage occurred. The defendant could also assert that the plaintiff is “estopped” from making the claim. This means that the plaintiff had previously stated that they would not pursue the claim and by doing so, they are deemed to have waived their right to do so. The defendant may also suggest that their actions were protected by the law, either due to an immunity or privilege. For example, the defendant could argue that the claim is barred because it is protected under the doctrines of self-defense, or the right of public officials to act in good faith and without malice. Lastly, the defendant could raise the affirmative defense of consent. This means that the plaintiff freely and voluntarily consented to the action that caused the injury or damage. If this can be proven, the defendant will not be held liable.
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